I am being harassed by the freeholder

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • I am being harassed by the freeholder

    Hi All,

    I own a flat in a building and it feels as though I am being harassed by the freehold company.

    When I bought the flat 5 years ago they said the previous owner did some work to the flat that wasnt allowed under the lease. They said I needed to contact the managing agent to see what needed to be done. I did that and after quite a bit of time and money the issue was resolved to the agent's satisfaction.

    The freeholder was also trying to charge nearly £1000 administration fee for the breach. The agent told me not to worry about that because the freeholder had had legal advice to say it wasnt legal to charge the fee.

    Very soon after the agent was replaced by the freeholder and ever since they have been denying I ever recified the illegal works and demanding the £1000.

    They are using the illegal works / non payment of the fee as a reason not to give me my membership certificate for the freehold company (company limited by guarantee).

    Recently things have got worse and they emailed me to say I had illegally removed a wall from the bathroom. That was rubbish and a week later they withdrew the complaint. Immediately after they said the flat was a 1 bedroom and I was using it as a 2 bedroom and there might be a problem with that. I use what was once the dining room as a bedroom. I bought the flat as a 2 bed (with the dining room as a bedroom) so this was a huge issue regarding the value of the flat.

    2 months later they confirmed that they had no issue with me using the dining room as a bedroom but that I might need planning permission and I had to get written proof or a ruling from the council. I called the council and they said that was a nonesense and there was no problem with using the dining room as a bedroom.

    All these things have been really stressful because there is a lot of money involved. There have been lots of other things too, like the freeholder calling the company I work for and leaving messages saying I owe a large amount of money - the £1000.

    I also understand from other people in the building that the freeholder deliberately tries to disrupt the sale of flats. I tried to sell my flat in 2007 and the agent (the nice one that got fired) said that the freeholder had said they were going to make it as hard as possible for me.

    This has been going on for 5 years, how can I stop them doing it?

    Thank you very much in advance.

    Marie

  • #2
    Apply to the LVT for a determination. Better still, get together with your neighbours and buy the freehold or get right to manage.

    Comment


    • #3
      If they are witholding the membership certificate ( which they can't) that suggests that the freeholder is a company which each flat owner is a member of.

      Does that not mean that the freeholder is in fact another flat owner or group of flat owners eg "the board" or "the committee"?

      Let us know so we can comment on what you can do and in the meantime the use of the bedroom or dining room issue is just b*ll*cks, it is just stupid.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


      • #4
        Just mulling over this topic and I am very unimpressed with the freeholder and clearly this need sorting.

        I am not proposing legal action but an Act called the malicious comunications act 2003 may be worth googling and I am sure quoting some parts of this Act in your response along with you considering your options may help as clearly for me leaving messages to your employer and having you go to the council and all else may be foul of this Act.

        Try and get a copy of your lease, I would expect a section stating you must be a member of this freehold company so quoting the lease and insist the company puts this breach right asap or again you will be considering your options.

        This £1,000 fee, Do you have proof they have withdrawn it by letter? If so send a copy and insist they act accordingly, Also you state this has been going on for 5 years and this fee was regarding the previous owners actions, I think after 6 years this fee would be out of statute if it hasnt been applied to the SC so if 6 years has passed will thats another point you could make its out of statute etc,
        What was the date this £1,000 fee originally requested?

        I would only do things in writing as proof is key, Just some ideas which may help.

        Comment


        • #5
          I know nothing about Leasehold but as it was the previous owner who did something wrong isn't he liable and not the new owner?
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


          • #6
            Interesting LVT Case here regards harrassment(again, my lovely Freeholder ) > http://www.lease-advice.org/decision...5894_page1.htm they point him towards the recent Ferguson v British Gas harrasment case > http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html.

            I recently quoted this to a debt collectiopn agency harrasing my mum over her late husbands phone bill and soon got a grovelling apology.

            As for the previous owner being liable or you, this is a complex issue and I there is a link in another recent thread pointing to a good website which attempts to explain it all.

            Andy
            Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

            I do not accept any liability to you in relation to the advice given.

            It is always recommended you seek further advice from a solicitor or legal expert.

            Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

            Comment


            • #7
              Very interesting case re: British Gas and so typical of them. I even read it all, its extraordinary.

              Comment


              • #8
                Originally posted by Wauden View Post
                Very interesting case re: British Gas and so typical of them. I even read it all, its extraordinary.
                Yes..but a pity the patronising Judge started with his 'glories of British justice' rant as it is very rare to find people willing to risk £40,000 to get the kind of result here, for Joe Public, justice like this is out of reach. Still its a good case to quote

                Andy
                Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                I do not accept any liability to you in relation to the advice given.

                It is always recommended you seek further advice from a solicitor or legal expert.

                Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                Comment

                Latest Activity

                Collapse

                • Conflicting lease placed over my lease
                  E1enquirer
                  Good evening all and thanks for reading.

                  I'd be keen to hear peoples thoughts on this one.

                  My BTL flat in London, E1 has a long lease and an accompanying land registry document that shows the terrace around the perimeter of my property is part of my demised premises. As with...
                  20-07-2017, 21:54 PM
                • Reply to Conflicting lease placed over my lease
                  MrShed
                  When you say your terrace do you mean you physically have buildings on there or just land?

                  the land registry are unlikely to be interested, they have a "general boundaries rule" and actually the matter would be decided by the courts. Because of this, the status of the plan at...
                  20-07-2017, 22:03 PM
                • Communal front garden issue
                  Pocahontas
                  Hello

                  I hope I'm posting in the right part of this forum. I need some some advice please.

                  I own the leasehold on my ground floor flat and the freeholder owns the flat upstairs and rents out to tenants.

                  New tenants moved in two weeks ago and since they have moved...
                  19-07-2017, 20:45 PM
                • Reply to Communal front garden issue
                  Galatea
                  It is not exactly garden furniture what you got there. It can deteriotae in rain.
                  Speak to the planning department as well about the situation as they may have some rules on the front gardens,

                  Is the front garden demised to any owner? You need to check the other lease as well. Your...
                  20-07-2017, 21:00 PM
                • .
                  firsttimermeg
                  ...................
                  20-07-2017, 19:54 PM
                • Reply to first time buyer - Freeholder died
                  Gordon999
                  From other posts on arrears in ground rent, it seems the freeholder can only claim back 6 years.. You could ask the seller to pay the 6 years rent owed.

                  If the original lease started at 99 years , you may be facing a ground rent increase to double the current rent at 66 years....
                  20-07-2017, 20:26 PM
                • Reply to first time buyer - Freeholder died
                  MrShed
                  I'm assuming as a first time buyer you are mortgaging - in which case, I think you have a more fundamental issue in that the lender is very unlikely to lend if you have less than 80 years on the lease...
                  20-07-2017, 19:59 PM
                • Reply to Communal front garden issue
                  Tipper
                  I've always found that if you don't want something just put it outside and it magically disappears!

                  (And I don't mean the council has cleared it but the totters have!)

                  Why don't you put a sign up offering free furniture to the taker?
                  20-07-2017, 19:37 PM
                • Freehold management accounts
                  pernes
                  Hi, we have just received the year ending financial accounts, albeit late and after the agm.

                  the managing agent took control from the beginning of our financial year, a year ago, I'm trying to work out from the accounts produced by the RTM board year ending 2015, what the year end figure...
                  19-07-2017, 12:54 PM
                • Reply to Freehold management accounts
                  pernes
                  Thank you for the reply
                  20-07-2017, 17:11 PM
                Working...
                X